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Funds found in an institution that cannot be attributed to a specific inmate are delivered to the Accounting Section and deposited in accordance with the Program Statement Imprest Funds, Collections, and Deposits. 8.7 MANAGEMENT OF DECEASED INMATES’ FUNDS If an inmate dies with funds remaining in his/her Inmate Deposit account, that money should be distributed in accordance with the laws of descent and distribution in the relevant state. If the inmate dies with monies due from the United States, payment is not authorized except to a legal representative of the estate or in accordance with the laws of descent and distribution of the state of domicile (most recent legal residence). a. Claims for Funds of Deceased Inmates. Claims received against funds of deceased inmates are handled at the institution level per 4 GAO 3500. Institutions should submit claims to the Trust Fund Branch Deposit Fund Section for GAO settlement only when doubt exists as to: m= The amount or validity of the claim. = The person(s) properly entitled to payment under the laws of the domicile of the descendent. In such cases, the institution transmittal shall explain that doubt exists, and is accompanied by a Claim Against the United States for Amounts Due in the Case of A Deceased Creditor (SF-1055) and/or Acknowledgment of Inmate, Part 3 & 4 (BP-A0408) and a copy of the death certificate. If there is urgent need for payment of a balance under $100 in a deceased inmate's account, and if conditions as outlined in the paragraph above are satisfied, the amount may be disbursed from TRUFACS with the Trust Fund Branch Chief's written approval. Copies of the BP-A0408 are attached to such vouchers in lieu of the usual withdrawal request. Documentation is attached to the payment in TRUFACS through the document imaging process. b. Unclaimed Funds of Deceased Inmates. Procedures for processing “whereabouts unknown” inmates are followed when disposing unclaimed funds of deceased inmates with no relatives or claimants for the funds. 8.8 ENCUMBRANCE OF INMATE FUNDS Encumbrance of inmate funds for various reasons is essential. Careful consideration is given before any action; encumbrances are not made indiscriminately. An encumbrance may be made for various reasons (e.g. to ensure inmates do not seriously deplete their funds before release, disciplinary measures, inmate’s request, claims). Encumbrances are at the Warden’s discretion or the result of a disciplinary hearing sanction or notification of a pending Federal court order. This authority is not delegated below the Associate Warden. Funds the Warden encumbers may only be released upon his/her approval or upon inmate release. P4500.12 3/14/18 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 71 DOJ-OGR-00023654 |